Advocates applaud DEA’s fourth expansion of remote prescribing flexibilities

Just before they were scheduled to expire, the Drug Enforcement Administration extended telemedicine’s remote prescribing flexibilities for another year, a move welcomed by many telehealth advocates.

Flexibilities allowing prescribing of controlled substances via telehealth without an in-person exam were implemented during the Covid-19 pandemic to expand access to care. They were due to expire at the end of 2025, but they are now extended until December 31, 2026. This is the fourth time that these flexibilities have been extended.

In the Federal Register, the DEA said the extension is intended to prevent patients from abruptly losing access to care, because the expiration of flexibilities would force a return to pre-pandemic restrictions. This will also give the DEA time to establish a final set of regulations, ensure a smooth transition for patients and providers, and provide sufficient time for providers to come into compliance.

ATA Action, the advocacy arm of the American Telemedicine Association (ATA), said the organization is grateful for the extension.

“This one-year extension is a major relief for patients and health care providers, restoring certainty and avoiding gaps in treatment for millions of Americans. …The remote prescribing exemption for controlled substances – initially implemented during President Trump’s first term and extended under his leadership during his current tenure in the White House – has proven to be a lifeline for patients by expanding access to care, reducing treatment delays and improving outcomes. This critically important waiver must be permanently preserved until a permanent policy is adopted,” said Deputy Alexis Apple. executive director of ATA Action and vice president of federal affairs at the ATA, in a statement.

In particular, the ATA supports a special registration process that would allow a clinician to register to virtually prescribe controlled substances.

“We continue to support a permanent special records framework that enables responsible patient care and equips the DEA with appropriate tools to prevent abuse,” Apple said. “We also encourage the DEA to solicit provider input when developing safeguards to reduce diversion, improve access to essential prescriptions for mental health, substance use disorders, and other chronic illnesses, and prioritize patient safety. ATA Action believes that clinical decisions should remain the judgment of qualified healthcare professionals, supported by regulatory frameworks that protect patients and promote accountable care.”

The Alliance for Connected Care, another telehealth advocate, also applauded the extension and called for a permanent solution.

“We applaud the DEA for taking action to maintain access to care for the millions of patients who rely on telehealth for their essential medications. However, this should be the last time these Americans find themselves days after losing access to the treatments they need. We call on the DEA to engage stakeholders and develop a permanent framework to ensure safe access to prescriptions through telehealth,” Chris Adamec, executive director of the Alliance for Connected Care, said in a statement.

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